Correspondence from Cox to Stein Re: Race Consciousness Notes

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- @ 
Sample Text Where District Court Equates 

Race Consciousness with Race Predominance 

The State’s desire to maintain partisan and racial balance equated with racial 

predominance: 

“The conslusion that race predominated was further bolstered by Senator Cooper’s 

allusion to a need for ‘racial and partisan balance,’ cited above. The senator’s contention 

that although he used the term ‘partisan balance’ to refer to the maintenance of a six-six 

Democrat-Republican split in the congressional delegation, he did not mean the term 

‘racial balance’ to refer to the maintenance of a ten-two balance between whites and 

African-Americans is simply not credible.” Jt. App. at 27a. 

Cohen E-mail text itself shows racial predominance: 

“The Cooper-Cohen e-mail refers specifically to the categorization of sections of 

Greensboro as ‘Black,’ and ascheme by which this section was added to the 12th District, 

creating a need to ‘take about 60,000' other citizens out.” Jt. App. at 27a-28a. 

The fact that computer technology permitted the State to know the race of voters 

demonstrates racial predominance: 

“The computer system used by the state has the capacity to identify and apportion voters 

based on race, and to determine the exact racial make-up of each district. The Cohen- 

Cooper e-mail reveals that exact racial percentages were used when constructing 

districts.” Jt. App. at 28a (footnote omitted). 

District court forbids the State to be race-conscious in developing remedy: 

The district court ordered the State to “redistrict the 1997 Plan in such a way that it 

avoids the deprivation of the voters’ equal protection rights not to be classified on the 

basis of race,” leaving the State “free to use other, proper factors in redistricting the 1997 

Plan.” Jt. App. at 29a. (emphasis added).